Popular Posts

Friday, 19 September 2008

Racist black judge - shocking!!

I found this interesting post on the SAS blog, posted by doodler. It's well worth the read and as far as I am concerned also exposes the extent of corruption, racism, incompetence and ignorance of ANC-backed officials. Here goes:

Here is more proof that the justice system is actively anti-white racist. This must be the fist time that a conviction was set aside because a judge was found to be a racist!! A High Court judge behaving like this and being criticized for his bias by the Appeal Court? And the Appeal Court saying that he must be kept away from future proceedings? Wow! And this person tipped for a top job after he has already proven himselfto be unfit as a judge? Why is he still there?

A judge president tipped for a post at South Africa's highest court has been rebuked for his allegedly biased handling of a racially charged murder trial.
And the Supreme Court of Appeal was so disturbed by Northern Cape Judge President Frans Kgomo's hostility towards the man he found guilty of stabbing 13-year-old Biron Phetlo to death with a sword that it quashed his conviction and 24-year sentence. Five of the appeal court's judges, led by Judge Nathan Ponnan, on Thursday ruled unanimously that Judge Kgomo's approach to Joseph le Grange's murder trial was "certainly suggestive of one who has certain preconceived biases and allows those biases to affect his judgment".

Judge Kgomo, who the Judicial Service Commission (JSC) has suggested for a possible Constitutional Court justice post and who is serving as an acting Supreme Court of Appeal judge, had breached the most primary "canons of good judicial behaviour" and virtually taken over as a prosecutor, they said. The judges ruled that the state could reinstate charges against Le Grange, his son Pieter and his son's friend Hendrik van der Westhuizen, who were convicted as accessories after the fact to the murder, if Judge Kgomo did "not take part in such proceedings".

It was the state's case that Le Grange fatally stabbed Phetlo, a golf caddie, after he, his son and Van der Westhuizen had spotted the child and his friend attempting to steal items from a sports shop.
According to Phetlo's 14-year-old friend Curtis Maritz, Pieter le Grange accused the boys of having previously stolen from a local greengrocer. Curtis said Phetlo tried to flee but was prevented from doing so by Joseph le Grange, who pinned the boy back with his "sword cane".

Joseph le Grange then allegedly unsheathed the blade of his sword cane and stabbed Phetlo three times. Curtis claimed he had tried to get away to alert the police, but was prevented by Van der Westhuizen. He said the boys' three attackers then ran away. Joseph le Grange, supported by his son and Van der Westhuizen, admitted they had confronted Phetlo over his alleged stealing, but denied stabbing him. The appeal court found that Judge Kgomo appeared "at an early stage to have made up his mind that the state witnesses were telling the truth and (Joseph le Grange and his co-accused) were lying".

The appeal court noted that transcripts of the judge's cross-examination of the accused men was "replete with questions that were intended to discredit (them), compounded in many instances by disbelief and scepticism". The appeal court also criticised Judge Kgomo for his furious reaction to the defence's suggestion that Maritz might have been responsible for Phetlo's death.

"On record there is absolutely no grain of evidence to remotely justify this suggestion," Judge Kgomo said. "All the accused have repeated this preposterous accusation in the reports to the social workers, the Correctional Services officer and the clinical psychologist. They did this despite my finding - showing why the accusation was absurd. "

I take a dim view of the fact that Curtis Maritz was accused by the accused of being the murderer. Counsel should not in good conscience have argued this point. I have no doubt that it is defamatory of Curtis Maritz and an aggravating factor against the accused."

According to the appeal court, the judge's comments were not "suggestive of an open judicial mind".

Thursday's ruling was not Judge Kgomo's first brush with controversy. In 2006 he reportedly ignited an acrimonious race row when he lodged a complaint with the JSC, demanding that judges Steven Majiedt and Hennie Lacock be axed for misconduct after they allegedly insulted him.

No comments: